Attorney Jason Webster Wins Multimillion-Dollar Decision in Wrongful Death Case

Share Article

National trial attorney Jason Webster wins $7,635,000 verdict for clients in negligence and wrongful death case involving their 14-year-old daughter.

News Image

On May 22, 2018, trial lawyer Jason Webster, founder and principal attorney of The Webster Law Firm, obtained a verdict in which his clients, Ginger Thompson and Brad Washington (plaintiffs), received $7,635,000. The case (Case No. 88970, filed in the District Court of Ellis County, Texas, 40th Judicial District) stems from the death of Ginger’s and Brad’s 14-year-old daughter, Avery Washington, who committed suicide as a result of medical negligence.

According to testimony and court documents, Avery Washington presented to Pediatrics Cool Care on March 1, 2012, and complained of depression. She was 14 years old at the time. The Physician Assistant, Jenelle Robinson, PA-C (defendant), under the supervision of Dr. Jose Salguero (defendant), prescribed Avery the antidepressant Celexa, despite the black box warning advising that it not be prescribed to adolescents.

At the time of the prescription, court documents further state, there was no discussion with Avery or her mother regarding the black box warning, and they were not informed that they should read the package insert or closely monitor Avery while she was on this drug. Furthermore, they were never informed that Avery should be evaluated by a psychiatrist or psychologist, and no one ever informed Avery or her mother that Celexa was linked to an increased risk of suicide.

Following this initial visit, Avery had one subsequent office visit with Allyn Kawalek, RN, FNP-BC (defendant), where no warnings were mentioned regarding this drug. On August 14, 2012, Avery committed suicide by overdosing on Diphenhydramine.

Following her daughter’s death, Ginger Thompson obtained a set of Avery’s medical records from Dr. Salguero’s office. She provided a copy of those records to The Webster Law Firm. However, once Dr. Salguero and his office learned of this suit, Dr. Salguero knowingly altered Avery Washington’s medical records so that there were two different sets.

During the course of litigation, The Doctors Company, Dr. Salguero’s insurance company, made no offer to settle this claim and The Webster Law Firm took this case to trial. After seven days of trial and testimony from the parties and other witnesses, the jury received the case. After nearly three hours of deliberations, the jury returned the following verdict:

Question 1: Did the negligence, if any, of those named below proximately cause the death of Avery Washington?

1. Jose J. Salguero, MD - Yes
2. Jenelle Robinson - Yes
3. Allyn Kawalek - No                        

Question 2: For each of those named below that you found caused or contributed to the cause the death of Avery Washington, find the percentage of responsibility attributable to each:

1. Jose J. Salguero, MD - 75%
2. Jenelle Robinson - 25%
3. Allyn Kawalek - 0%

Total: 100%

Question 3: On the occasion in question, were any of the following named below acting as employees of Pediatrics Cool Care?

1. Jose J. Salguero, MD - Yes
2. Jenelle Robinson - Yes                        
3. Allyn Kawalek - Yes                            

Question 4: What sum of money, if paid now in cash, would fairly and reasonably compensates Ginger Thompson and Brad Washington for their damages, if any, resulting from the death of Avery Washington?

1. Pecuniary loss sustained in the past by:

  • Ginger Thompson - $10,000
  • Brad Washington - $25,000

2. Pecuniary loss that, in reasonable probability, will be sustained in the future by:

  • Ginger Thompson - $500,000
  • Brad Washington - $500,000

3. Loss of companionship and society sustained in the past by:

  • Ginger Thompson - $100,000
  • Brad Washington - $200,000

4. Loss of companionship and society that, in reasonable probability, will be sustained in the future by:

  • Ginger Thompson - $1,000,000
  • Brad Washington - $2,000,000

5. Mental anguish sustained in the past by:

  • Ginger Thompson - $100,000
  • Brad Washington - $200,000

6. Mental anguish that, in reasonable probability, will be sustained in the future by:

  • Ginger Thompson - $1,000,000
  • Brad Washington - $1,000,000

While no amount of money can bring Avery Washington back, justice was served on May 22, 2018.

About The Webster Law Firm
The Webster Law Firm handles a wide range of cases and has obtained many successful results. It focuses on representing individuals injured by another party’s negligence. Personal injury lawyer Jason Webster is a licensed legal representative in Texas, New York, Pennsylvania, Mississippi, and Oklahoma. He is a member of the prestigious American Board of Trial Advocates, American Bar Association, State Bar of Texas, Houston Young Lawyers Association, Association of Trial Lawyers of America, Texas Trial Lawyers Association and Houston Trial Lawyers Association. For more information, please call (713) 396-5197, or visit http://www.thewebsterlawfirm.com. The law office is located at 6200 Savoy Drive, Suite 150, Houston, TX 77036.

For media inquiries, please call 805.650.6121, ext. 361.

Share article on social media or email:

View article via:

Pdf Print

Contact Author

NALA PR
the NALA
+1 (866) 767-3238
Email >
Visit website